Native American Music Essay

Native American music has many different musical styles. Within every Native American tribe there is a variety of musical styles and instruments. In response to the research that I have conducted, there are three main musical styles that are going to be my point of focus. The Sioux Grass Dance, the Zuni Lullaby, and the Iroquois Quiver Dance are the principal methods which contribute to Native American music. The Sioux Grass Dance is considered to be the most popular style of Native American Music. As one dances to this music, they follow a pattern known as â€Å"toe-heel. † This consists of the individual placing the left foot in front of the right and repeating with the other foot. Each male dancer makes many personal variations of this dance resulting in a solo display. The costume is an elaborate style that correlates with the vocal approach of music. Bells are tied around the legs of the dancers for an added effect. The Zuni Lullaby illustrates a contrast with Plains singing to assist in confirming that there is not an individual style to Native American music. Through the Native American styles of music, repetition becomes a prominent feature. This is not because the Native Americans can’t find words to fit into the music, but because repetitions with slight variations are often too insignificannot for outside listeners to notice. In the Iroquois Quiver Dance the first thing to strike the ear is what is often known as a â€Å"call and response† form. One singer announces a phrase of â€Å"lexical text,† known as the call, the other singer answers him in a vocal pattern. This continues throughout the song. In illustrating many of the musical styles among Native American music, this has another name known as the â€Å"Warrior’s Stomp Dance. † The voices in the Iroquois Quiver Dance are relatively relaxed compared with that of the Plains singing. Instruments used to portray these various styles of music were often drums of all shapes and sizes, rattles, and often tambourines or bells with other percussion instruments. The drums were constructed by using such materials as clay, iron, wood or aluminum with heads of buckskin, chamois, or rubber. These drums were typically played with a single drumstick, holding a steady pattern of four beats. Also, in addition to these instruments there were wind instruments. The most common was the vertical flute, whistle, and occasionally panpipes. The flute was most often used to express a love song and never for religious ceremonies. Looking at Native American music, one can conclude that there are three main types of music: The Sioux Grass Dance, Iroquois Quiver Dance, and the Zuni Lullaby. Drums and wind instruments are used in portraying the music. The Native Americans dressed accordingly to the music that they dance to. All of these features add to what we have become acquainted with, Native American music.

Gender Essay Essay

During this essay I will be assessing the view that over the recent years the roles of both men and women have changed affecting society and the majority of households. In 1957 Elizabeth Bott as one of the first sociologists to study how the change of leisure, employment and lifestyle affected the roles of husbands and wives. She called these conjugal roles and claimed that there were two main types, segregated and joint. Segregated roles consisted of the splitting of the domestic tasks, where the men took care of the DIY tasks they carried the instrumental role. Women’s tasks consisted of the cleaning, the cooking etc. they carried the expressive role. Joint roles meant the domestic labour within a household as distributed evenly. Willmott and Young studied the symmetrical family offering an alternative perspective on conjugal roles, claiming they had become increasingly similar. It appeared that division of labour based on gender was breaking down. Although, many did support this idea their work was challenged by feminist sociologists such as Ann Oakley. She provided some imperial research which dismissed the view of the sharing caring husband. Oakley based her research on interviews in which she had conducted on 40 married women with 1 or more dependant children. It showed that women saw housework and childcare as their prime responsibility and received little help from their husbands. Whereas Willmott and Young had claimed that 72% of men ‘help in the house’, this figure indicates that husbands only had to perform one household chore a week. Oakley stated that this is hardly convincing evidence of male domestication and women carried a dual burden, they go to work come home a follow out the domestic labour. However this evidence is 30 years out of date, but it does show that the roles of men and women are gradually moving towards equality and the symmetrical family but are still a long way from it. Fiona Devine conducted a small scale study of car worker’s families in Luton indicating that men’s contribution to domestic labour increased when their wives re-entered paid employment. But the man’s role is still secondary; all women remain responsible for childcare and housework where their husband’s merely help them. This evidence clearly shows a pure suggestion of division of labour in most household tasks, although the equality and change indicates the tasks are becoming joint due to women working. To help show this trend another piece of research came into focus by Jonathon Gershuny, in which he analysed data from 1974-1987. It showed a gradual increase in the amount of domestic tasks preformed by men, and this increase is greatest when women are in full-time paid employment. Husbands whose wives worked spent double the amount of time cooking and cleaning. Gershuny concludes that women still bear the main burden of domestic labour, and there is a process of lagged adaptation. He thinks it may take up a generation or more until men catch up and make an equal contribution.

Ebola Study Essay

DALLAS — The Texas nurse who contracted Ebola while caring for the first person to die of the virus in the U.S. has been identified as 26-year-old Nina Pham. Health officials have not released the nurse’s name, but Yahoo News identified Pham through public records and a state nursing database. Then on Monday, Pham’s family confirmed her identity to local Dallas ABC News affiliate WFAA. Pham, a critical care nurse at Texas Health Presbyterian Dallas, is one of at least 50 people who cared for Thomas Eric Duncan before he passed away last Wednesday. Pham has been in isolation since late Friday. The CDC confirmed her Ebola diagnosis on Sunday. It is the first time the deadly virus has ever been transmitted in the United States. The Dallas resident is a 2010 graduate of Texas Christian University and has been a nurse since June 2010, according to state records. CDC director Dr. Thomas Frieden said Pham is in stable condition at Texas Health Presbyterian. An unidentified person Pham had close contact with last week is also in isolation at the hospital, but Frieden said that individual has not become ill. Investigators have not determined how Pham specifically contracted the disease from Duncan, who died on his 10th day of intensive care at Texas Health Presbyterian. â€Å"If this one individual was infected and we don’t know how — within the isolation unit — then it is possible that other individuals could have been infected as well,† Frieden said during a press conference. â€Å"We consider them to be at risk and we are doing an in-depth review and investigation.† A day earlier, Frieden characterized the transmission from Duncan to Pham as a possible breach in safety protocols. On Monday he apologized for those remarks. â€Å"Some interpreted that as finding fault with the hospital or the health care worker, and I’m sorry if that was the impression given, that was certainly not my intention,† Frieden said. â€Å"What we need to do, is all take responsibility for improving the safety of those on the front lines. I feel awful that a health care worker became infected in the care of an Ebola patient. She was there trying to help the first patient survive.† Tom Ha, a longtime friend of Pham’s family, told the Dallas Morning News that it is in the nurse’s genes to go out of her way to assist others. â€Å"I expect, with the big heart that she has, she went beyond what she was supposed to do to help anyone in need,† Ha told the newspaper

English-Value Claim Essay Example | Topics and Well Written Essays - 1250 words

English-Value Claim - Essay Example English-Value Claim When we claim that Occupy Wall Street is moral movement we are trying to argue based on the rightfulness or principles or rules that the movement does which are based on ideologies of right conduct in the society. Whatever the movement is passionate about must be a great deal that is affecting the economy of the societies. Money has been a huge driving force behind all policy makings and watching the entire economy collapse is devastating, we should be rewarded for our hard work and shun corruption, oppression of equality, self over justice and greed overwhelm our corporations. The word moral has been used in the Oxford Dictionary to refer to principles that concern right or acceptable behaviors that are accepted in a particular society. It entails manifesting or holding high principles for appropriate conduct. Morally acceptable behaviors are those accepted in the society. The word is to be used to refer to claims that I personally approve of. When the act does not seem to affect the society and is meant for the well-being of everybody, then it is moral. I do not intend to make you think otherwise of situations that you find right to me and wrong to you as justified to be morals, but whatever you find right is moral. For instance when I claim that government tax is moral, then it means I personally approve the imposition of government tax to everybody. For a Christian to claim murder as immoral then he/she is bringing in personal approval that according to the ethics of Christianity it is against the will of God to commit such acts.

PRINCE2 (Project IN Controlled Environment) Essay

PRINCE2 (Project IN Controlled Environment) - Essay Example These themes of the PRINCE2 explain the significant project management aspects which need to be managed and handled during the execution of the project lifecycle (Weese, 2010). One of the other important project management standards is a Project Management Institute (PMI) that offers multiple certifications related to project management include: Project Management Professionals (PMP), Program Management Professional (PgMP) etc. (PMI, 2013). This document presents a comparison of the Plan PRINCE2 theme with other standards of the project management having relevant (particularly Planning) principals and techniques. In the last section of the document provides an analysis of the advantages and disadvantages of using PRINCE2 theme in comparison to the other project management standards. In PRINCE2 a plan is not just about the cost management, schedule management and resources management, however, plans are set of documents explaining what to be achieved, how to be achieved and when to be achieved by whom the goals of a project. The PRINCE2 utilizes product planning technique for creating diverse types of plans. The product-based planning is used by the PRINCE2 which is one of the most powerful techniques for project managers to manage a project. The PRINCE2 recommends and uses different levels of the plan involve diverse human resources for managing the project successfully. These plans include: the project plan, stage plan(s) and team plan(s). As the PRINCE2 utilizes product-based planning having seven steps for creating or developing plans include: the design the plan, define and analyse the products, identify activities and dependencies, prepare estimates, prepare schedules and document the plan. In parallel to these steps the PRINCE2 always recommends reviewing the steps (for developing the plans) in order to identify the risks in the product, activities, estimates and schedule. The following diagram shows the steps involved in developing the plans (Hinde, 2012 ). Figure 1. The PRINCE2 Approach to Plans The Product-Based technique describes the Project Product Description, Product Breakdown Structure, and Product Flow Diagram. The Project Product Description entitles the products to be developed in the project including the customer requirements having quality expectations as well as the project acceptance criteria. The Product Flow Diagram shows the association between the products to be developed in the project. The Product Breakdown Structure categorises the diverse types of the products to be developed in the project. The Product Breakdown Structure (PBS) is specifically used in PRINCE2 project management standard PRINCE2 and it is a graphical representation tool used to define the clear and precise deliverables or outcomes of a project. In PBS, the whole project has to be a breakdown in a tree structure to define the products and the tasks that are required to develop a product. It is pertinent to mention here that the term ‘pro duct’ can be an intermediate document, requirement specification document, user accepting testing documentation and so on. The PBS starts with a representation of the top level products of the project, sub-deliverables along with their components required to achieve the product and sub-divided into smaller project units. The PBS is specifically used for large projects having a huge number of products or project deliverables so that any deliverable of the project could not be ignored along with the activities required to achieve the deliverable (Trainer, 2010). By utilizing the Product-Based technique, the PRINCE2 develops three levels of plans include: th

Integrating Interactive Multimedia and Web Applications in Teaching Essay

Integrating Interactive Multimedia and Web Applications in Teaching - Essay Example The significance of investigating this integration remains, however, considering that listening now is the cornerstone of language acquisition (Krashen et al., 1994) and a fundamental activity in L2 acquisition process (Dunkel, 1991a; Krashen, 1982; Rost, 1993). Likewise, studies indicate that the social dynamics of listening have gained more significance in the study and use of LC for L2 (Lynch, 1988; Rost, 1990; Rubin, 1994). Increasingly, more emphasis is now being given to the processes of interaction and meaning-negotiation while focus shifts away from listening as a mental process internal to the listener (Doughty, 1991; Dunkel, 1991b; Pica, Young, & Doughty, 1987; Robinson, 1991). Researchers are also refining their understanding of the key differences and similarities between reading and listening (Canale, 1984; Hoven, 1991; Lund, 1991; Swaffar & Bacon, 1993). For all the above reasons and more, a model designed to facilitate such integration process is being proposed. In a nutshell, the model suggests an integration process based upon theoretical, pedagogical, and technical grounds accompanied by a user-centered approach for software design. It is argued that this model might lead to a successful integration of interactive Web applications for teaching listening comprehension. The model components will be discussed respectively. Toward a Constructivist Approach Two contradictory views of the most common theoretical frameworks of contemporary CALL exist. Felix (2002) claims that a quick look at the literature in language learning and technology will reveal that there is a move away from the static transmission models of knowledge and skill acquisition, which are instructivist vs. constructivist, tending towards more contextualized, authentic, and meaningful tasks in language learning. These three characteristics are underscored in three recent approaches in language learning and technology: the collaborative learning approach, the problem solving approach, and the constructivist approach. This study will adopt the definition of constructivism which believes that human knowledge is constructed and learners construct their own experience and understanding through assimilating current experience with previous internalized knowledge. Moreover, learning is seen as a collaborative, autonomous, socially negotiated process, which takes place when su pported by a rich environment (Ruschoff & Ritter, 2001). Pachler (2002), however, claims that traditional behaviorist modes, which I believe depends partly on transmission models (i.e., repetition in listening/speaking), are still very common in the world of CALL. The breaking of learning tasks into small manageable steps to drill and

Doctrine of Parliamentary Sovereignity Essay Example | Topics and Well Written Essays - 2500 words

Doctrine of Parliamentary Sovereignity - Essay Example Aside from being an ultimate legal source, the fact that the doctrine of parliamentary sovereignty has been recognized under the Communities Act 1972 make this doctrine even stronger. Note that the doctrine of parliamentary sovereignty is enshrined in the European Communities Act 1972 which provides that the Parliament has the final say when it comes to what laws are to be or should be implemented within the territories of the United Kingdom4. The powers of the Parliament are separate and distinct from the powers of the courts and the courts may not usurp the powers of the Parliament by declaring the laws enacted by the Parliament to be invalid. Technically, this means that when since the powers of the Parliament are distinct, any other government agencies cannot usurp or put limitations to such powers without violating the laws5. Although English law gives the Parliament the powers to enact laws and enjoy sovereignty, the doctrine of parliamentary sovereign has been challenged many times in the past and will be challenged again and again in the future. The devolution of the powers of the Parliament together with some laws and treaties put pressure on sovereignty the sovereignty of the Parliament. Note that there are provisions under the Human Rights Act 1998 (HRA) and in a number of European Union (EU) treaties that may weaken and even override the inherent powers of the parliament. When it comes to the Human Rights Act, there are provisions in the act that allows the courts to review the legislations made by the Parliament or declare these legislations as incompatible with the European Commission on Human Rights (ECHR). On the other hand, the ratchet clauses in some EU Treaties allow the transfer of powers from the UK Parliament to the EU without the need to amend the treaty. Moreover, there are some provisions in the treaties that require the implementation of EU laws over local laws which

Television Research Paper Example | Topics and Well Written Essays - 500 words

Television - Research Paper Example San Francisco and its sights were incorporated very well in the show, as locations in the city were shown each episode and given the emphasis and focus on the city itself and its popular locations. Another show that was shot in San Francisco was a reality show called "The Real World: San Francisco" and featured various people from the city living together for a few months in a sealed house and being followed and monitored by cameras. The city itself was clearly not incorporated in the show, but the mentality of the city and its residents was expressed as all of the contestants were local. A show called MythBusters was also filmed in San Francisco. It was a popular science program that focused on urban legends, popular beliefs, rumors and other myths. In each episode, the cast would focus on one or more of those and go out to try and prove or disprove them. The locations the crew went to were all in San Francisco, but the city doesnt play a major role in the show. Contrary to these shows, many shows have been filmed in other locations, mainly Los Angeles or Vancouver for example, but "took place" in San Francisco. In other words, the plot was about the city of San Francisco, while the show wasnt actually shot in the city. For example, the popular show Charmed was filmed in Los Angeles but also featured opening and closing shots of San Francisco, especially the Golden Gate Bridge and skyscrapers in the city. The show was about three sisters who were witches and that fought the forces of evil, including demons, warlocks, evil witches, and dark wizards and so on. In this show, the city was always in the background. Although it wasnt shot in San Francisco, the filming locations tried to give the sensation of San Francisco. Also, there were many scenes featuring the Golden Gate Bridge and taking place in it. One other example for such a show is the show Full House, which told the story of a widower named Danny Tanner who is raising his three young daughters with

Strategy Business Information and Analysis Essay

Strategy Business Information and Analysis - Essay Example Interesting fact is that, porter five force analyses is an integrated component of the "outside-in" approach hence discussing porter five forces for soft drink industry in the first two sections will create silhouette for the critical evaluation "outside-in" approach to strategy formulation for organizations with the help of existing literature. Part 1 According to Deichert et al (2006), global soft drink industry is dominated by Coke and Pepsi for years but these two giants have understood the importance of diversifying product portfolio into noncarbonated beverages in order to achieve sustainable growth rate. Soft drink industry can be analyzed with the help of cumulative growth rate, market size and overall profitability. According to Datamonitor (2008), market value of soft drink industry will touch a value of more than $500 billion by the year 2014. Soft drink industry contributes almost 50% of the non-alcoholic drink industry Datamonitor (2008). Currently, the industry is growi ng at pace of more than 5% and it is expected that the market volume will cross 500,000 million litres within next couple of years Deichert et al (2006). According to the research report of Datamonitor (2008), although global soft drink industry is growing at a steady pace but it will decelerate in near future due market saturation and stagnation of market price. In such context, five force analysis soft drink industries will help the study to identify forces such as substitute products, suppliers, buyers, rival sellers and intra firm competitiveness which are shaping the industry. Diagrammatic representation of five forces in soft drinks industry can be explained in the following manner. (Source: Wheelen and Hunger., 2000 and 2006) Force 1- Competitive Rivalry According to Deichert et al (2006), competitive threat is the strongest among all other forces in soft drink industry. The market is saturated due to presence of many players such as Coca-Cola, Cadbury Schweppes, Pepsi Co etc ; high degree of saturation in the industry has decreased scope for existing players to differentiate in the product portfolio hence they extensively focus on price competition in order to attract customers. Rivals in the industry such as Coca-Cola and PepsiCo are strong global presence and access to huge amount of both financial and non-final resources, which has further decreased the scope companies in the industry to achieve resource based advantages as mentioned by Rumelt (1986). Having top selling brands in the kitty doesn’t ensure competitive advantage in the industry, for example, Coca-Cola owns 80% of top selling brands such as Sprite, Coca-Cola, Fanta, Diet Coke but it had achieved lower sales revenue in comparison PepsiCo during 2004-05 in USA and UK market Deichert et al (2006). According to Deichert et al (2006), advertising and marketing strategy plays vital role in the industry. For example, in some cases, rivals use competitive advertisings in order to nullify relevance of other companies among customers. Force 2- Threat of New Entrant

Analysis and Consequences of Legal Action(S) Essay Example for Free

Analysis and Consequences of Legal Action(S) Essay Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter 2) Review letter 3) Audit opinion Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. LEGAL EAGLES, LLP [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542

Influences on American Politics

Influences on American Politics Question 1: What are the two major types of interest groups and examples of each? Which of these types of interest groups tend to be more powerful? Explain your choice. Your response should be at least 200 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Selected Answer: In the United States there two main types of interest groups that actively work to influence public policy. The main differences between the two are how they are organized, funded, and what their main purposes are (Patterson, 2013). Economic groups are the most common, most funded and most influential. They are comprised of businesses, labor unions, professional organizations, and agricultural groups that seek public policy that provides monetary benefits to their members. The funding of economic interest groups comes from the members that willingly contribute money in hopes of receiving political influence and/or profit that only they will benefit from. An example of an economic group would be businesses. Business groups are the most influential of any special interest group and all large businesses lobby the government. Many smaller businesses band together to form associations like the U.S. Chamber of Commerce to promote their interests by seeking tax cuts, regulatory changes, and other pro-business benefits (Patterson, 2013). The second type of special interest group, citizens groups, is comprised of single issue groups that work toward a focused goal that they believe in. They fight for causes instead of economic or material gain and for the good of society as a whole (Patterson, 2013). Though the number of citizens groups as increased sharply over the years, the total number still lags behind that of economic groups. One of the main reasons for this is that citizens groups have not nearly the same access to funds that economic groups do. Citizens groups do not generate profits or fees from their daily activity and their only incentive for membership are ones that everyone can take advantage of, member or not. Because of this, many people take advantage of the benefits but do not pay for them. References Patterson, T. (2013).The American Democracy (11th ed.). New York, NY: McGraw-Hill, Inc. Question 2: How has the news media evolved from the nations founding to what it is today? Discuss the various functions the news media has in American society. How well do you feel the media carries out these functions? Your response should be at least 200 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Selected Answer: The founding fathers felt that a free press was crucial to the health of a successful democracy. That is why they gave us the First Amendment protecting the rights of a free and unrestrained press. Some of our founding fathers were themselves involved with the printing of journalistic newspapers. They understood the importance of keeping the populace informed of the workings of their government. The first press and newspapers were initially closely associated with the days political parties and helped them muster public opinion (Patterson, 2013). This was partly done because without party support and/or subsidization, the newspapers would never have survived; the cost to purchase was prohibitory for the average citizen. The drawback to this was that the newspapers themselves very partisan in the information that they imparted. Eventually, as printing methods improved and the cost decreased newspaper moved away from such partisanship. The height of newspapers power came around 1890-1900; during this time, reporters and editors number one goal was to increase sales of their papers (Patterson, 2013). They did so by sensationalizing the news in order to drive up circulation. This period was termed yellow journalism and thankfully was relatively short-lived by the advent of a new style of reporting: objective journalism. Objective journalism emphasized fair and accurate information and accounts of events. This new approach to reporting was the method that began being taught at newly established journalistic universities and is what still governs the news reporting of todays traditional media. The newest form of media today comes in the form of radio talk shows, cable talk shows, and internet blogs. This type of media has made news more accessible than ever before and has greatly increased the choice viewers have to what they hear. The problem with these outlets, as Patterson points out in The American Democracy, however, is the many address information through a partisan lens. Talk radio is a growing format for political information but is often imparted in a conservative manner, internet blogs lean primarily liberal, and the cable new networks split evenly between the two ideologies. Regardless of the manner in which the information is disseminated, the media performs four basic functions (Patterson, 2013). First, is to act as a signal, alerting and communicating information on breaking events and news developments to the public. Second, is to act as a common carrier of information from political leaders to the general public. Medias third function is as a partisan advocate to influence public response to a particular party, leader, or issue. Lastly, the press acts as a watchdog to the government to expose deceitful and corrupt officials. In my personal opinion, the news media does carry out these functions fairly well. The problem lies in ensuring that, as a citizen, you listen to and pay attention to multiple news outlets in order to get the entire story, not one with a particular ideological bent. As they say There are three sides to every story, his, hers and the truth. References Patterson, T. (2013).The American Democracy (11th ed.). New York, NY: McGraw-Hill, Inc. Question 3: Discuss how the news audience has changed from the 1970s until now. Do you feel that Americans can still find unbiased news anywhere today? Why or why not? Your response should be at least 200 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Selected Answer: News audiences have changed considerably since the 1970s. Though there is more diversity than ever, cable television and the internet now reign supreme for news information in the lives of the average American, while the daily newspapers and traditional broadcasters are losing audiences by the droves (Patterson, 2013) These new forms of media behave quite differently than the media of the baby-boomers and their parents. News was received in regulated segments, in the morning through your newspaper and then in the evening by the network news. It was all relatively similar as well, owning to the fact that they both received their stories from the same sources. The news reported was objective and fair with little political spin. People received the exact same message regardless of what their own ideology was; it is at that point that people form their opinions on issues. The emergence of cables 24-hour news cycle, political talk shows, and internet blogs, where information is handed out already with partisan spin has made it harder to get just the facts, and also makes it is easy for citizens to only receive their news through the specific ideological lens of their choosing. All of this is leading to more and more polarization in political society (Patterson, T. (2013). Another change that has occurred is an overall decline in consumers of media. Young adults are less likely than older ones to pay attention to any type of news and when they do, it is often from less than reputable sources like social media, a.k.a. Facebook. All of these factors combine to a current generation that is considerably less informed politically than prior generations. References Patterson, T. (2013).The American Democracy (11th ed.). New York, NY: McGraw-Hill, Inc Question 4: Do you feel that special interest groups have too much power in politics today? Why or why not? Do you think we should allow these interest groups to continue to function as they currently do? Why or why not? What do you think would happen to our nation if we did not allow interest groups to continue to operate? Your response should be at least 200 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Selected Answer: Special interest groups are an important way for people to show support or discontent for governmental policies and are an effective way for the average citizen to influence politics. They help keep their members informed of the current political issues they identify with, make sure policies are carried out effectively, help organize member activities in a more focused manner, and some even offer its members legal representation in grievances against the government, However, in regards to our current political system, I feel that many have grown too powerful. For every case of a SIG promoting the common good, there are cases highlighting the corruption that has eroded the quality of our democratic process, generally through corruption. A good example of what interest groups can achieve is the NAACP brought and won the case of Brown vs The Board of Education of Topeka (NAACP, n.d.). While at the same time you have examples of SIGs buying influence such as when during the 1973 Watergate hearings it was revealed that the milk industry had donated money to President Nixons administration and to members of Congress in exchange for favorable decisions by the Department of Agriculture (Torres-Spelliscy, 2013). The issue comes down to political influence vs. political power. I, along with the vast majority of Americans (Gallup, 2011), feel that lobbyist groups have gone beyond just influencing politicians and politics, and have moved into the realm of over-whelming political power. References Gallup. (2011, April 11). Americans Decry Power of Lobbyists, Corporations, Banks, Feds. Retrieved March 20, 2017, from http://www.gallup.com/poll/147026/americans-decry-power-lobbyists-corporations-banks-feds.aspx milk industry had donated money to President Nixons administration NAACP Legal History. (n.d.). Retrieved March 20, 2017, from http://www.naacp.org/legal-department/naacp-legal-history/ Patterson, T. (2013).The American Democracy (11th ed.). New York, NY: McGraw-Hill, Inc Torres-Spelliscy, C. (2013, October 21). Got Corruption? Nixons Milk Money. | Brennan Center for Justice. Retrieved March 20, 2017, from https://www.brennancenter.org/blog/got-corruption-nixon%E2%80%99s-milk-money

Having an Inter professional team

Having an Inter professional team This essay is meant to throw light on the importance of having an inter- professional team that would make the service delivery to patients easier. In this essay I will discuss the roles played by nurses and other professionals in the team. The essay will reflect the efficiency of such a team and their work distribution and involvement. I will highlight the ways in which a team of professionals will work together to take proper decisions during emergency situations and tackle them effectively. The essay will also critically evaluate the various concepts of inter professional team work. An inter-professional team is a group of people who have a certain common goals or objectives which drives them to work together by setting aside individual goals. Inter professional team can be defined as a dynamic process involving two or more health care professionals with complementary backgrounds and skills, sharing common health goals and exercising concerted physical and mental effort in assessing, planning, or evaluating patient care, accomplished through interdependent collaboration, open communication and shared decision-making, and generates value-added patient, organizational and staff outcomes (Xyrichis and Ream 2007). Freeth et al (2005) defined inter professional team work as when two or more professional learn with, from and about each other to improve collaboration and the quality of care. ThinkingThere are some ways to see interprofessional working. One way is to view it as one which involves thinking, feeling and taking action based upon that (Hammick et.al 2009).Thus the three important aspects of interprofessional working is illustrated below: Being Inter-professional ssssss Feeling Doing/Acting Practising The healthcare sector started showing interest in the interprofessional working during the early 1990. (Institute of Medicine, 1998;ONeil and Pew Health Professions Commission 1998) An interprofessional team is working to provide service in a properly planned and systematic manner. In the health care sector inter professional teams are meant to develop groups that works towards efficiently rendering care to the patients. These teams include nurses, doctors, and other health care professionals. For a team to be efficient role clarity to inevitable and this will help them define their own duties and responsibilities avoiding conflicts (West and Markiowicz, 2004). A team essentially will have a team leader who will lead the team and motivate them to render good service working together (Martin and Rogers 2004). A health care team will work effectively if there is stability in the team, this will make the team member in the group work with shared trust and understanding (Gair and Hartery, (2001)). Interprofessional teams are of various types, they include multidisciplinary, interdisciplinary etc. In case of multidisciplinary teams the members are from various teams. These members set their own discipline specific goals and work towards achieving it. But ultimately the result is calculated as the total of all the disciplines (Dean and Geiringer 1990). The position of team members in the team hierarchy will affect the way in which the team functions and how it will render the service (Cotts, 1998). In case of a multidisciplinary team there exist subgroups of doctors, social workers, therapists and also subgroups which had nurses and other junior staff. Her study also unveiled the idea that the different subgroups had different perceptions about the inter professional teams. According to McWilliam et al (2003), interprofessional working is a very difficult task for health care professionals. The patients didnt get the full benefit of interprofessional working due to the misunderstanding between the health care professionals regarding the policies and procedures in it. Critics like Bion (1961) say that the interprofessional teams fail to focus on the real task they should be doing. The primary tasks for which they have come together is forgotten most of the by the interprofessional teams. Whenever there is an issue the teams to fail to reach at a consensus and they do not take proper decisions on the issue (Strokes 1994). The meetings conducted in order to take decision on the matter are just a waste of time. These assumptions are based on the work group mentality theory. Critics of interprofessional team have questioned the values of the team. It is said that the teams are not well managed and they do not work properly and responsibily. Negotiation theory puts forward the perspective of negotiating the personal and professional goals. (Strauss, 1978) The negotiations by professionals in the health care field have played a critical role in molding the characteristics of an interprofessional team. Loss and change theory reiterates that the health care professionals like doctors and nurses lose their professional identity as they are working in a team, this will lead to developing an improper relationship and improper behavior in the team (Atkins, 1998). Thus it critically points to the inter professional teams in that it wouldnt serve the purpose of forming a team and the unhappiness of the team members can lead to inefficient functioning. The increase of cost in hospitals will also result if there is lack of proper communication between the professionals like doctors, nurses and staff and also if they are not coordinated well. The roles played by nurses in the interprofessional teams are fast evolving. The importance of specialist skills for nurses is now recognized and new role have come up. Nurse Practitioner is an example of such a new role and they possess skill and knowledge in conducting therapy, and prescribing medications for patients who have psychiatric disorders or substance abuse problems. They are licensed to provide emergency psychiatric services, psychosocial and physical assessment of their patients, treatment plans, and manage patient care. While working in an interprofessional team, there is an increased chance of conflict between the team members regarding the superiority in the team. The truth is everyone is equal while working in a team and nobody should themselves subordinate to anyone. But sometimes the nurses and their opinions are ignored in an interprofessional team. Such events makes them reluctant to be a part of such teams (Martin Rogers, 2004). Task shifting is a common practice among the professionals now days (Reeves et.al, 2010). This would help the traditional professionals to relieve of their heavy workload. The nursing practitioners and physician assistants are such roles (Hooker McCaig, 2001). The multiplicative effects model of interprofessional working views it more than the sum of its parts. Here the synergy obtained from such work is described (Leathard, 1994). According to this model, interprofessional working improves the contributions of individual team members and thus will help in the overall development of team. Decision making is an essential in ingradient of all teams; it measures the efficiency of the group. Decision making in case of an interprofessional team also play key role deciding its service delivery process. The usual situation that happens in such teams is the unavailability of proper team leader and also reaching at a common consensus. The decision taken in team has the idea input all the members that needs to driven well in one direction for increasing effectiveness of the work the team does. Most of the important decisions concerning the activities of the team are taken mostly by the Doctors, or the medical staff in an inter professional team in hospitals. Solving important problems and resolving conflicts are the aims of masking decisions (Neil, 1978). There are a few hindrances for nurses to be part of interprofessional teams. The health care sector has shortages or less number of nurses, and those nurses who are available have increased amount of work. As a result of which there is a limitation in case of inter professional support and collaboration (Mckay Crippen, 2008). Another barrier that can be highlighted is the disinterest on the part of other departments to participate and actively involve in the team and work together. The culture and hierarchy of the organization also plays a role in the formation of teams in the organization. According to Henneman.et.al (1995) Collaboration involves a partnership characterized by mutual goals and commitments in which participants willingly become involved in planning and decision making. Henneman.et.al (1995) also proposed that collaboration is a process by which members of various disciplines (or agencies) share their expertise. Accomplishing this requires these individuals understand and appreciate what it is that they contribute to the whole. Many authors have suggested ways to make the intercollaboration more effective. According to Fullan (1993), effective collaborations operate in the world of ideas, examining existing practices critically, seeking better alternatives and working hard together at bringing about improvements and assessing their worth. According to Garner (1995) and Hoeman (1996), it should be by means of collaborative communication rather than shared communication that the interprofessional team approach evolves. Efforts were made from the part of many authors for increasing the literature on interprofessional education for health professional students. But Cooper, Carlisle, Gibbs, and Watkins (2001) pointed out this literature to be diverse including a relatively small amount of research data and much larger amounts of evaluation literature. There were almost thirty works done on interprofessional education and all of them aimed to increase the level of co-operation and understanding between the members in interprofessional teams as well as to encourage a high quality care for the patients. In olden times, the physical space for planning, decision making or joint activities in collaboration were all the same. It is because there were no medium for communicating from long distances. This kind of format was explained by Laungani in 1999 and Molyneux in 2001. The boom in information technology resulted in new approaches in this field. The use of email, video-conferencing, internet etc. have given a new look to interprofessional collaboration. Technology has resulted in an enhanced learning process as well increased the effectiveness of intercollaboration (Leathard 2003). The recent trends in inter-professionalism have acknowledged the need for marshalling the teams so that the members can work together sharing their thoughts in decision making, a mutual exchange of knowledge through teaching and learning, communication incorporated among the professionals and a finely tuned focus on involving the family of the patients into the process. Also there is an increasing identification of the necessity for interprofesional education for potential health care professionals. Another advancement that has happened in the interprofessional working groups is application of Lewins theory. This theory emphasize on the areas related to an individuals behavior and states that any change in rules would have an effect over the individual behavior (Ephross Vassil, 2005). This way the common issue of stereotyping that occurs in interprofessional working can be lessened. The development theory that was popular until now considered individual behavior as consistent. Both these theories are essential. I will be working for the betterment of the service provided to a patient using the things I learned. Working in an interprofessional team has made me get involved with the Doctors and other professional in the field and has helped to build a strategy that elevates the level of service rendering process. As a nurse am able to act in the right way a right direction in case of any emergency and otherwise. From now I will be able to put into practise the concept I learned. I am using the Gibbs Reflective Cycle for the case analysis. Reflective learning can be defined as an intentional process, where social context and experience are acknowledged, in which clients are active individuals, wholly present, engaging with others, and open to challenge, and the outcome involves transformation as well as improvement for both individuals and their organization (Brockbank, McGill and Beech, 2002:6). In the Gibbs Reflective Cycle, there are six components that help to gain knowledge from previous experiences. Gibbs (1988) have proposed about reflective learning that To reflect is not enough, you then have to put into practice the learning and new understanding you have gained therefore allowing the reflective process to inform your practice. The six components of Gibbs Reflective Cycle are: Description of the event- In this stage, one has to write down an abridged version of event that needs to be reflected upon. Hence it is important to get the maximum details about the event and in as objective way as u can in this stage. The answers to the following questions would help you here: Where were you? Who else was there? Why were you there? What were you doing there? What were other people doing? What had actually happened? What was the end result? The above questions would help in acquiring the relevant details about the event and summarize them. Feelings- Here you try to recall and explore the issues related to the event. These issues may be either ones that caused happiness or those which created dissatisfaction or grief in the mind of individual. Hence this is mainly concerned with the feelings of the person. Some relevant questions for this stage are: What was your feeling when the event started? What were your thoughts at that time? What do you feel about other peoples reactions? How did you feel about the result of the event? Enlist your emotions during this event. Hence all these questions are related to the feelings of the individual. Evaluation- In this stage, the event is evaluated based upon a pre-determined standard. After the evaluation, the event is given some value. Hence the following questions would be useful at this stage: What was it that made the experience a good one? What was bad about the experience? Analysis- In this stage, the event is broken down into small parts thus making it easier for exploration and judgment. The questions that may be useful here are: What made the event a success? What was it that you did well? What was it that other members did well? What went wrong? What you did that was wrong? What was the contribution of other members into this failure? Conclusion- This is the stage where you make the final judgment. After the evaluation and analysis, the individual would be quite aware about his own as well as other members contribution to the outcome of event. Thus the individual gains the ability to reflect upon his work from the past experiences. And this is what is called reflective learning. Hence the individual will become aware of his strengths and weak points and also learn about the abilities of other people. Action Plan- In this stage, the individual will think about his actions in the recurrence of similar event. He will decide about what he will be doing in such a case- Will his actions change? Will it be similar to before? Conclusion Finally the study focused through the Gibbs Reflective Cycle and it stated that in any sector especially the health care there is an elementary requirement of having an inter professional team. The study discussed about the importance of the reflection in the nursing practices as well as it application in daily routine. The team all ways will help in providing superior service since the decisions are taken as a team and under common grounds. Moreover, the inter-professional practices could vary more positive attitudes towards the team as well as within the social and health care.

Varying Attitudes Toward Death in the Masque of the Red Death Essay

Varying Attitudes Toward Death in the Masque of the Red Death      Ã‚  Ã‚   "Since the day of my birth, my death began its walk. It is walking toward me, without hurrying." Edgar Allen Poe provides us symbolically with the reaction of man to the pursuance of death that Jean Cocteau described before, in his gothic short story, "The Masque of the Red Death." Prince Prospero symbolizes the optimist who seeks to avoid death. The Masqueraders represent the pessimist-the carefree who seek to forget about death. The Masked Red Death is the ultimate realization and enlightenment of death's power over all-the realist view. Poe's work symbolically demonstrates the attitudes of man through Prince Prospero, the Masqueraders, and the Masked Red Death.    Prince Prospero symbolizes the optimist who is defiant and furious. Prospero believes that death can be evaded if not escaped entirely. Prospero seeks to protect himself from the red death, a disease that has ravaged his kingdom. He does this by taking a thousand of his friends, with whom he "retires to the deep seclusion of one of his castellated abbeys" (Poe 176). However he does more than try to dodge or hide from death's powers. Prospero has his courtiers take hammers and furnaces to weld the bolts shut so to leave no "ingress or egress," effectively he barricades himself taking faith the physical barriers of man can somehow defeat the non-corporeal entity. While the pestilence rages outside the prince's secure shelter, Prospero arranges that a masquerade or ball take place. He and his revelers take part in jovial and pleasant activities during a time when hundreds are suffering. What's more is that he has his party be "waltzers" (Poe 177). Such a dance involves t... ...to death in the masqueraders one can see the third attitude toward death, one of understanding and acceptance because the ignorance that shrouded their eyes has been removed. With understanding which comes when one becomes closer to death one may adopt the third attitude which Bhagavad Gita has, "Death is as sure for that which is born, as birth is for that which is dead. Therefore grieve not for what is inevitable."       Sources Consulted: Cassuto, Leonard. " The Coy Reaper: Unmasque-ing the Red Death". Stud Short Fiction, 25(1988) 317-320. Poe, Edgar Allan. Tales of Mystery and Imagination Norwalk: Heritage P.,1969. 317-322. Starret, Vincent. "Tales of Mystery and Imagination." Norwalk: Heritage P., 1969. Intro. Wheat, Patricia H. " The Masque of Indifference in The Masque of Red Death". Stud Short Fiction, 19(1982), 51-56.   

How the Media Affects My Life :: essays papers

How the Media Affects My Life One thousand six hundred and eighteen minutes. One thousand six hundred and eighteen was spent by me, on my computer, in three days. That seems to be a lot of time when you think about it, probably just about twenty seven hours. How could all that time be spent at as single machine like a PC. One of the best features of the PC is that you can use many different media forms at one time. I use my PC for communication with my boyfriend who goes to SUNY Albany, to check my email for letters of annoyance from my parents, and to provide me with entertainment. Sometime i also use it for work, but that doesn’t happen to frequently. The best part about that though is that i can do all those things all at the same time. Usually i turn my PC on when i wake up and off when i go to bed. My computer saves me time and money and makes my life so much happier. As i conducted the data, I realized how much i actually did surf the web in one day, and how many advertisements i saw. The internet, which is the virtual playground of where i spend most of my time, is a swamp of never ending advertisements and hidden links. Every other thing that you click is hypertext disguised as something else so the site will get a hit. I had never really realized but the media today has endless possibilities for advancement because of the internet. Right now currently the biggest thing going on is the 27th Olympic Games in Sydney, Australia, which is being solely covered by NBC and their affiliates. Since the Olympic Games began, the regular NBC site has tripled their Web hits and their official Olympic site has almost maxed out on the systems resources from all te people logging on and trying to find out â€Å"Up to the minute results.† I myself even have spent hours on the site finding out track and field times and Gymnastics scores. How the Media Affects My Life :: essays papers How the Media Affects My Life One thousand six hundred and eighteen minutes. One thousand six hundred and eighteen was spent by me, on my computer, in three days. That seems to be a lot of time when you think about it, probably just about twenty seven hours. How could all that time be spent at as single machine like a PC. One of the best features of the PC is that you can use many different media forms at one time. I use my PC for communication with my boyfriend who goes to SUNY Albany, to check my email for letters of annoyance from my parents, and to provide me with entertainment. Sometime i also use it for work, but that doesn’t happen to frequently. The best part about that though is that i can do all those things all at the same time. Usually i turn my PC on when i wake up and off when i go to bed. My computer saves me time and money and makes my life so much happier. As i conducted the data, I realized how much i actually did surf the web in one day, and how many advertisements i saw. The internet, which is the virtual playground of where i spend most of my time, is a swamp of never ending advertisements and hidden links. Every other thing that you click is hypertext disguised as something else so the site will get a hit. I had never really realized but the media today has endless possibilities for advancement because of the internet. Right now currently the biggest thing going on is the 27th Olympic Games in Sydney, Australia, which is being solely covered by NBC and their affiliates. Since the Olympic Games began, the regular NBC site has tripled their Web hits and their official Olympic site has almost maxed out on the systems resources from all te people logging on and trying to find out â€Å"Up to the minute results.† I myself even have spent hours on the site finding out track and field times and Gymnastics scores.

Pros and Cons of the Death Penalty

The death penalty has pros and cons. Some of the pros of the death penalty are that it frees more space for incoming prisoners, therefore we can pay less taxes. The amount of space taken from prisoners who have a life sentence take up to much space and the death penalty would prevent that from happening. The cost of the death penalty is dramatically lower then the cost of the sentence â€Å"Life Without Parole† JFA [Justice for All] estimates that life without parole cases will cost $1. million-$3. 6 million more than equivalent death penalty cases. There is no question that the up front costs of the death penalty are significantly higher than for equivalent life without parole cases. There also appears to be no question that, over time, equivalent life without parole cases are much more expensive†¦ than death penalty cases. Opponents ludicrously claim that the death penalty costs, over time, 3-10 times more than life without parole.The death penalty would possibly make p eople afraid to commit a felony because they might be punished with the ultimate punishment†¦ Death. The cons of the death penalty are many, and often talked about more then the pros. Some of the cons consist of accidental sentencing, believing in human morals, there is more pre-trial time, more experts, twice as many attorneys, two trials will have to be conducted instead of one. One for sentencing, and one for punishment. There will be a series of appeals in which the inmates will have to be kept in a high security ‘death row’.In my personal opinion I think that the death penalty is important because it will lower the cost of our taxes because we will not have to pay as much to hold life sentencing inmates, which will improve the economy, I think that if the consequence for a serious felony may be death the crime rates will decrease, I also believe that it will make our streets safe and will allow us to create more jobs because there will need to be more law enfo rcement jobs that will be needed such as attorneys, judges, experts, etc.

The True Purpose of Education

The purpose of a universal public education system can be debated, but originally, in the 1830’s, Horace Mann reformed the American school system in order to give all children the basis on which to learn and become judicious citizens. As public schooling has evolved throughout the years, the purpose of education has been slowly vanishing, being replaced by monotonous routines and pointless activities done by students that no longer are interested in learning, but getting good grades instead.The true purpose of learning isn’t being addressed properly in schools, and it isn’t being recognized by those who attend school in order to learn. In ‘An Education’, by Ralph Waldo Emerson, Emerson paints a picture of what an education is supposed to provide for a pupil. He writes, â€Å"The function of opening and feeding the human mind is not to be filled by any mechanical or military method†¦you must not neglect the form, but secure the essentials† (para. 9).In a sense, Emerson argues that the purpose of education is, not to mold a judicious citizen that has basic understanding of certain topics, but to guide and ultimately unleash the genius and determination in every man by giving them the essentials to learning. On the other hand, Mann in ‘Report of the Massachusetts Board of Education’ uses the analogy of Feudalism to show that when education is not made a mandatory opportunity for all, society gets broken into classes, like Feudalism, in which the rich and powerful abuse the poor and uneducated.Here we see a specific clash of opinions on what education is supposed to provide for an individual person, and a society. Although Emerson’s essay may seem less subjective than Mann’s, I believe Emerson holds a more broad understanding of what an education can give to a person. There are many cases in which twelve years of public school do not provide a student with the passion or direction in order to live a life full of learning and accomplishment, when twelve years of public education doesn’t provide an exceptional education.The solution might not be to end public schooling, but to begin public acceptance of young students becoming avid learners instead of teacher’s pets, self advocates instead of disabled pupils. Leon Botstein in ‘Let Teenagers Try Adulthood’ proposes that the answer to such an out of date and flawed institution is a world where sixteen year olds are â€Å"prepared to be taken seriously and to develop the motivations and interests that will serve them well in adult life† (para. 11). Being a 16 year old myself, I often wonder hat that would be like; if other adults didn’t know I attend high school or if that was completely irrelevant to begin with. As this is a nice thought, it is also a minor detail in the larger scheme of things. I find the solution of empowering students to be curious and to seek out what they want fr om schools to be far more superior. The public school system can indeed live up to the standard Emerson set for a great education; it just has to be changed. An excellent teacher has the power to provide students with the essentials to learning, good listening skills for example.However, public schools don’t often produce excellent students or teachers, and this is exactly what starts the banal cycle again. To what extent do our schools serve the goals of a true education? Our schools, being the student body, the leaders, and everything in between are too caught up in the everyday cycle of busy work and assessments, to realize that these methods need to be replaced with new ones that open the minds of students to what they can fulfill with the right passion for their education and the true purpose of being educated.

Challenges of Teaching Students with Ebd Essay

Education is an important factor of life that is a foundation of intellectual development and intelligence that shapes the futures of all students. There are students with disorders and disabilities who display hardships and delays in education that require different approaches and special teaching strategies. Students with emotional and behavioral disorders are a group of students that require such modification or accommodation approaches. EBD student’s exhibit challenging behaviors, emotional instability, and are opposed to change. Therefore, once a student with EBD is place in the general classroom, the student might encounter challenges with learning and create problems and threats for the teacher as well as their peers. Teachers need to remember that students with EBD have the same rights as everyone else; the students with EBD need a specific teaching strategy and approach to assessments and instruction. Teachers need to establish a teacher student relationship to assist in the techniques and the learning process. There are a variety of intervention and prevention techniques that can be used to decrease the discrepancies and tension in the behavior and manner of the students in a general classroom setting. In order to apply the techniques effectively teachers have to understand the challenges students with EBD face. The creation of a special education team plays and important role of intervention and prevention for the student with EBD and is necessary to meet all the needs of the student. The special education team should consist of at least one regular educator, one special educator, a parent, and an administrator. Students with EBD are influenced on different levels of interaction socially and need this variety of member to be included on the team. The SPED team has a responsibility to develop a comprehensive academic program and to make certain there is mutual consistency in actions and support. The SPED team needs a general educator in the team because their role is vital to the prevention plan in the academic environment. Sometimes the teachers have students with EBD in their classrooms that haven’t been diagnosed and the symptoms will surface in a classroom setting. The regular teacher will deal with the issues first until they determine or diagnose the student. The regular teacher needs to have knowledge or possess the basics of treating EBD students. Teachers should teach them self control and self management techniques to be used on a regular basis in the classroom. If the techniques applied don’t work and the student gets worse than consideration should take place to include the student into a special education classroom. A special education teacher is necessary for the SPED team because their expertise deals with students of different disorders or disabilities such as students with EBD. Special education teachers can recommend some beneficial techniques that can be implemented in the general classroom setting or for parents at home. Special education teachers may figure out the problem at home which needs to be solved in order to provide helpful methods and then can facilitate intervention in the classroom setting. The team needs to have a good combination of people with intervention techniques for special education in the education school plan. This will reduce the risk of school factors for students with EBD. Parents that have students with EBD need to actively participate or be an active person of the SPED team for many different reasons. Parents acquire the most information about the heart of their child’s disorder. Next, parents should be included in any early intervention to assist in the students classroom placement decisions otherwise it has been determined that it could be destructive for the EBD student. It has been noted that family and parent problems tend to be the main cause of emotional and behavioral disorders. Therefore, SPED teams can help to get to the main problem thus special educators and the administration can unravel home problems. The school administrator is a vital member to the SPED team because they have useful information and knowledge about the school policy formation. Students with EBD often feel discriminated against because of the ambiguous and zero tolerance rules regarding behavior from the school. The zero tolerance rules for behavior in school can threaten the behavioral and emotional stability of students with EBD. The administration can educate the educators on the IDEA rules and regulations and handle relevant assessments and design and develop special education programming. There are some concerns that make it difficult for school administrators and special education educators and can be very complicated because they want to make sure they meet the needs of students with EBD. One of the concerns is the uncertainty and stigmas towards the definition of educational and behavioral disorders and the need of understanding what behavior is inappropriate, the inability to construct social relationships, and if the disability classification should be EBD. The behavior if inappropriate doesn’t fit into any ethical norms, cultural, and religious society during a given time. Student’s with EBD displays a variety of disorder types and inner emotional and behavioral disorders behaviors appear sometimes in a manner of violence or suicide. The characteristics and symptoms of students with EBD tend to change so it makes it difficult to provide a solid diagnosis of EBD. The challenges teachers face when teaching students with EBD require competency from the educators. Given that students with EBD have a deficit in language, social skills, intellectual abilities, and lower academic results it hard for teachers to find a happy medium in making sure the school pace is mainstreaming to meet their specific needs. Aggression has emerged because of the lack of appraisal or opportunities from teachers. Consequently, training, self control, and classroom management needs to be the practice fro students with EBD. â€Å"Teachers have to adjust to the specific needs of students and give them proper instructional interactions, actively interact with parents and get actively involved in the collection of data on EBD students’ progress, developing special education programs and interpret EBD students’ results according to the assessment rules designed for them in order to provide these special needs students with adequate instruction and support† (Yell et al., 2009). The active participation and involvement of parents in the intervention and prevention programs will get rid of some risk factors and develop a home based and comprehensive school intervention plan. The participation of school educators and administration can assist in solving the main challenges dealing with exclusion of students with EBD from the zero tolerance mainstream school policy. EBD students symbolize are a small group of specialized needs. The behavior of EBD students are usually unexplainable and unpredictable, which makes it challenging when dealing with the student and meeting their needs. Nevertheless, if there is a closer look into the causes and roots of EBD and work done on the classification, most likely can be a problem solver. As it comes from the arrangement of the SPED team if they are conflicting then it will be difficult to develop an effective intervention and prevention program. This makes it imperative to accept a universal strategy in meeting the academic challenges for students with EBD. References Yell, M. L, Meadows, N. B., Drasgow, E., & Shriner, J. G. (2009). Evidence-based practices for educating students with emotional and behavioral disorders. Upper Saddle River, NJ: Merrill/Pearson. ISBN-13: 978-0130968234